§ 26-65. ENVIRONMENTAL IMPACT ASSESSMENT.

26-65.1 When Required. The Board may require an environmental impact assessment as part of preliminary approval of a major subdivision or site plan if, in the opinion of the Board, the development could have an adverse affect on the environment. The Board may, at the request of an applicant, waive portions of the environmental impact assessment requirements upon a finding that a complete report need not be prepared in order to evaluate adequately the environmental impact of a particular project. The Board shall review the application with specific reference to the following areas of concern:

a.

A significant percentage (twenty-five (25%) percent or more) of the property has a grade of fifteen (15%) percent or more;

b.

A significant percentage (twenty-five (25%) percent or more) of the property is within or borders a flood plain;

c.

The property is located in an area where potable water supplies may be adversely affected;

d.

Industrial activities involving the use, processing or manufacture of hazardous, toxic or corrosive substances as defined and named in regulations promulgated by the U.S.E.P.A.;

e.

The visual impact of the project would be significant.

(Ord. #637-99)

26-65.2 Submission Format. All environmental impact assessments shall consist of written and graphic materials which clearly present the following information:

a.

Project Description. A description of the proposed project shall be presented to indicate the extent to which the site must be altered, the kinds of facilities to be constructed and the uses intended. The resident population, working population and visitor population shall be estimated.

b.

The compatibility or incompatibility of the proposed project shall be described in relation to the following:

1.

Borough of Sayreville master plan and master plan reexamination;

2.

Middlesex County planning documents;

3.

New Jersey State Development and Redevelopment Plan.

c.

Site Description and Inventory. The suitability of the site for the intended use shall be discussed. This shall include a description of environmental conditions on the site which shall include, but not be limited to, the following items:

1.

Topography. A description and map of the topographic conditions of the site shall be provided.

2.

Contamination. Information regarding the presence or absence of environmental contamination, including: (a) the presence of known or suspected contaminants on site; (b) prior uses of the property; (c) the status of any past or present administrative or judicial proceeding involving contamination or remediation of contamination on the site. In appropriate cases, the Board may require similar information with regard to surrounding sites.

3.

Critical Areas. A description and map of the wetland areas, wetland buffers and flood plains on the site shall be provided.

4.

Surface Water. A description and map of existing watercourses and water bodies that are partially or totally on the site shall be identified and riparian issues which may be relevant to the development.

5.

Unique Scenic Features. Describe and map those portions of the site that can be considered to have unique scenic qualities and any scenic view from the site.

6.

Miscellaneous. When warranted, an analysis shall be conducted of existing air quality and noise levels as prescribed by the New Jersey Department of Environmental Protection. When warranted, the Board may also request delineation of conditions on adjacent properties.

d.

Impact. The negative and positive impacts of the project during and after construction shall be discussed. The specific concerns that shall be considered include the following:

1.

Soil erosion and sedimentation resulting from surface runoff;

2.

Flooding and flood plain disruption;

3.

Degradation of surface water quality;

4.

Sewage disposal;

5.

Solid waste disposal;

6.

Destruction or degradation of scenic features on- and off-site;

7.

Air quality degradation;

8.

Noise levels;

9.

Lighting levels including trespass lighting;

10.

Effect on the community, including projected population increase, increase in municipal and school services, consequences to the municipal tax structure.

e.

Environmental Performance Controls. The applicant shall indicate the measures which will be employed during the planning, construction and operation phases of the project to minimize or eliminate negative impacts on and off site. Of specific interest are:

1.

Stormwater management plans and plans for soil erosion and sedimentation controls;

2.

Water supply and water conservation proposals;

3.

Noise reduction techniques;

4.

Screening and landscaping intended to enhance the compatibility of the development with adjacent areas;

5.

Miscellaneous on-site and off-site public improvements.

f.

Alternatives. A discussion of site design and project location alternatives that were considered shall be provided. The discussion shall indicate why an alternative was rejected if it would have resulted in less of a negative impact than the proposed development.

g.

Licenses, Permits and Other Approvals Required by Law. The applicant shall list all known licenses, permits and other forms of approval required by law for the construction and operation of the proposed project. This list shall include, but is not be limited to, approvals required by the Borough and agencies of the County, State and Federal governments. Where approvals have been granted, copies of said approvals shall be attached. Where approvals are pending, a note shall be made to that effect.

h.

Documentation. All publications, file reports, manuscripts or other written sources of information which were consulted in preparation of the environmental impact assessment shall be listed and footnoted. A list of all agencies and individuals from whom pertinent information was obtained orally or by letter shall be listed separately. Dates and locations of all meetings shall be specified.

i.

Review. Applicants shall be encouraged or required to provide suitable mitigation for all adverse environmental impacts and other conditions identified in the EIA and/or in the course of the public hearings before the Board.

(Ord. #637-99)

26-65.3 Review of Written Comments of Environmental Commission; Time. The Board, before taking any action hereunder, shall review the written comments of the Environmental Commission. In the event the Environmental Commission fails to provide its written comments to the Board within ten (10) days of its being provided with a copy of the land development application, the Board shall be free to take action pursuant hereto without reviewing the Environmental Commission's comments.

(Ord. #637-99)

26-65.4 Decision.

a.

The described areas of concern are by way of direction for the reviewing Board and not by way of limitation.

b.

After review of the development application by the appropriate Board, that Board shall make a decision as to whether an Environmental Impact Assessment should be required of the applicant or whether the same should be waived in its entirety as a result of the proposed development having only a slight or negligible environmental impact. In addition to the above two (2) courses of action by the reviewing Board, the Board shall have a third course which would be to require that only a specified portion of the report be completed and that the remainder of the report be waived if the Board finds that the complete report need not be prepared in order to adequately evaluate the environmental impact of the proposed development.

(Ord. #637-99)

26-65.5 Public Projects. Public projects shall be submitted and reviewed as private development projects unless specifically exempt by State or Federal law.

(Ord. #637-99)